Friday, February 10, 2006

A Personal Confrontation Bibliography

Areader has asked for a listing of my writings on confrontaiton. Here are citations. I will try to add in links in the near future.

Is Barking Up the Wrong Tree Assertive Conduct? and other contributions to an electronic symposium published in 16 Mississippi Coll. L. Rev. 1 (1995).

Prior Statements of a Witness: A Nettlesome Corner of the Hearsay Thicket, 1995 Sup. Ct. Rev. 277.

Confrontation Rights of Criminal Defendants, J. F. Nijboer & J. M. Reijntjes, Proceedings of the First World Conference on New Trends in Criminal Investigation and Evidence, 533-41 (1997).

Confrontation and the Definition of Chutzpa, 31 Israel L. Rev. 506 (1997).

Anchors and Flotsam, Book Review of Mirjan Damaška, Evidence Law Adrift, 107 Yale L. J. 1921 (1998).

Confrontation: The Search for Basic Principles, 86 Georgetown L.J. 1011 (1998).

Truth and Its Rivals in the Law of Hearsay and Confrontation, 49 Hastings L.J. 545 (1998).

Thoughts from Across the Water on Hearsay and Confrontation, Oct. 1998 Crim. L. Rev. 687.

Lilly v. Virginia: A Chance to Reconceptualize the Confrontation Right, AALS Section on Evidence Newsletter (Spring 1999), at 5.

Confrontation Confronted (with Margaret A. Berger and Steven R. Shapiro), an adaptation of the amicus curiae brief submitted to the U.S. Supreme Court on behalf of the American Civil Liberties Union in Lilly v. Virginia (No. 98-5881), 42.3 Law Quadrangle Notes 90 (Fall/Winter 1999).

The Suggestibility of Children: Scientific Research and Legal Implications (with Stephen J. Ceci), 86 Cornell L. Rev. 1 ( 2000)

Lilly v. Virginia: Glimmers of Hope for the Confrontation Clause?, International Commentary on Evidence (July 10, 2000)

"E" is for Eclectic: Multiple Perspectives on Evidence, 87 University of Virginia L. Rev. 2029 (2001).

The Conundrum of Children, Confrontation, and Hearsay, 65 Law and Contemporary Problems 243 (2002).

Dial-In Testimony (with Bridget McCormack), 150 University of Pennsylvania L. Rev. 1171 (2002).

No Link: the Jury and the Origins of Confrontation Right and the Hearsay Rule, in John W. Cairns and Grant McLeod (eds.), The Dearest Birth Right of the People of England: The Jury in the History of the Common Law, 93, Hart Publishing Ltd. (2002).

Remote Testimony, 35 Michigan J. of Law Reform 695 (2002).

Crawford v. Washington, AALS Section on Evidence Newsletter (Fall 2003), at 2.

Confrontation as a Hot Topic: The Virtues of Going Back to Square One, 21 Quinnipiac L. Rev. 753 (2003).

‘Face to face’: Rediscovering the right to confront prosecution witnesses, 8 Int’l J. Ev. & Proof 1 (2003).

Minimizing the Jury Over-Valuation Concern, 2003 Mich. St. DCL L. Rev. 967.

Adjusting to Crawford: High Court Decision Restores Confrontation Clause Protection, 19 Crim. J. No. 2, p. 4 (2004).

The Crawford Transformation, Section on Evidence Newsletter (Spring/Summer 2004), at 2.

The Confrontation Clause Re-Rooted and Transformed, 2003-2004 Cato Supreme Court Review 439 (2004).

Crawford Surprises: Mostly Unpleasant, 20 Crim. J. No. 2, p. 36 (2005 (symposium issue).

Grappling with the Meaning of “Testimonial”, 71 Brooklyn L. Rev. 241 (2005).


ella said...

Wow! Thanks for putting a listing of your articles. I am currently reading: DIAL-IN TESTIMONY, from April of 2002 (pre-Crawford).

I will be curious to read some of your other articles post-Crawford.

Thanks again.

Anonymous said...

The Conundrum of Children is a great article!

Anonymous said...

Hi...I've been doing a lot of research and cannot find any direction for my issue...which I am sure is a frustration of Crawford. Maybe someone here can point me in the right direction.

The facts are simple but the post-Crawford application is anything but.

3 alleged co-conspirators (A, B & C). A and B both give statements against penal interest after arrest to the police.

A's statement exculpates C while B's statement inculpates C.

A and B will assert 5th amendment if called to testify at C's trial.

C seeks to have A's statement introduced as direct evidence.

Will the state then be able to introduce B's statement as rebuttal to A's statement without violating the confrontation clause?

Please point me in the directoin of where to look if you know of any.

Leone said...

Quite useful material, thanks so much for the post.